Terms & Conditions

TERMS OF SERVICE

Thank You for participating in the ROOM DEMO.

The ROOM DEMO is an experience offered by ROOM 3D Communications S.A.R.L., 14-16 Avenue Pasteur, 2310 Luxembourg and its affiliates (“ROOM 3D”).

These ROOM DEMO Terms of Service and the ROOM DEMO Service Privacy expressly incorporated herein (collectively, these “Terms”) govern the access, the use ( “Use”) of the ROOM DEMO and ROOM DEMO Services (the “Service”) by you as user of the ROOM DEMO Service.

BY ENTERING AND USING THE SERVICE, YOU AGREE TO AND ACCEPT THESE TERMS, AND, IF YOU ARE USING THE SERVICE ON BEHALF OF OR FOR THE BENEFIT OF ANY LEGAL ENTITY, YOU REPRESENT AND WARRANT TO ROOM DEMO THAT YOU HAVE THE RIGHT TO ENTER INTO AND BIND SUCH LEGAL ENTITY TO THESE TERMS.

ROOM DEMO SERVICE

ROOM DEMO offers a Video-conferencing service in a virtual environment accessible with link or key. Further description of the Service is provided at the time You enter the ROOM DEMO.

The Service is provided as demo service, as-is and without support, and ROOM DEMO makes no commitment or guarantee – and shall have no obligation – relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service.

The ROOM DEMO User acknowledges and agrees that content may be transmitted through the Service and other users or participants in the meetings may export, save, store, record, or copy such content by or on behalf of You or other users in a variety of ways.

ROOM DEMO can in its sole discretion, at any time, with or without notice, and without any obligation or liability to the users or any other party, suspend, terminate, limit, change, modify, downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, Integration or component thereof.

The use of ROOM DEMO is free of charge. The users assume all risks and all costs associated with your use of the Service, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of their device and peripherals, and any damage to any equipment, software, information or data. Moreover, ROOM DEMO is not obligated to provide any maintenance, technical or other support for the service.

USE OF THE SERVICE/CODE OF CONDUCT

The use of the ROOM DEMO is exclusively possible by using the link or entering a Key provided by ROOM 3D personnel or associates, that grants access to the Service. The ROOM DEMO is open only to invited guests and only possible via link or key that the users receive. The link or key gives an access to ROOM DEMO for a limited time.

By logging in ROOM DEMO with the provided access link or key, the user acknowledges that he/she has accepted, understood and accepted the Terms.

The user will protect access authorisation as well as the link or key provided to the user or against access by unauthorised third parties and will not disclose the same to unauthorised users. The ROOM DEMO User may not pass on his/her access data for the ROOM DEMO server to third parties, make it accessible to third parties or publish it. Once the user has evidence that the use and access authorisation has been unlawfully obtained from or could be abused by a third party, the user is obliged to inform ROOM DEMO immediately thereof, so as to mitigate any damages involved.

The use of the ROOM DEMO of ROOM 3D by companies competing with ROOM DEMO is prohibited. ROOM DEMO reserves the right to immediately block access to the ROOM DEMO Service in case ROOM DEMO becomes aware that the user is a competitor.

Intellectual Property: the users agree that ROOM DEMO owns all legal rights, title and interest in and to the ROOM DEMO and the Service, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the services is granted. Nothing herein gives You a right to use any of ROOM DEMO trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Using the Service does not give ownership of any intellectual property rights in the Service or any ROOM DEMO or third-party content the users access. Users may not use ROOM DEMO or third-party content from the Service unless they obtain permission from its owner or are otherwise permitted by law. Other than displaying the branding contained in the Service, these Terms do not grant the users the right to use any branding or logos used in the Service or that otherwise belong to ROOM DEMO.

Reverse Engineering: Except to the extent permitted by law, ROOM DEMO Users may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services and/or any other aspect

Copyright: ROOM DEMO respects the intellectual property rights of others. If You believe the Services have been used in a way that constitutes copyright infringement, please notify us. ROOM DEMO reserves the right to delete or disable allegedly infringing content. ROOM DEMO also reserves the right to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.

ROOM DEMO shall use security programs, such as virus scanners and firewalls, in order to prevent unauthorised access to the user’'s data and the transmission of harmful data, in particular viruses, as far as is possible with reasonable economic and technical effort. However, the User is aware that complete protection against damaging data and unauthorised access to the data of the user of the Services is not possible.

You understand and agree that ROOM DEMO will handle Your Use of the Service as acceptance of the Terms and grants You a personal, non-exclusive, non-transferable, limited right to access and use the Service under compliance with these Terms.

ROOM DEMO may – in its sole discretion, at any time, with or without notice, and without any obligation or liability to the users or any other party – suspend, alter, limit or stop providing the Service for any or no reason at any time without prior notice.

USER CONTENT

User content is all content or information you give during a meeting through the use of the Service and any other information uploaded while using the Service. ROOM DEMO uses user content solely in connection with providing, operating and enabling the Service to work as intended as well as improving the Service and does not monitor, sell or use your content for any other purposes.

ROOM DEMO does not control the actions of anyone with whom you or any other Service user may choose to share information. Therefore, ROOM 3D cannot and does not guarantee that any user content provided to the Services will not be viewed by unauthorized persons. ROOM DEMO do not monitor, sell or use user content for any other purposes.

When using the Service, the User is prohibited in particular from entering any data or content that violates laws, foreign property rights or copyrights or that infringes upon other rights of third parties. The User is solely responsible for the information and content which it provides. ROOM DEMO will not review the contents for accuracy. ROOM DEMO Users commit to refraining from imitating and duplicating, selling, distributing and making available the content and services to third parties.

You agree to use the Service in accordance with these Terms and in accordance with any and all applicable laws and regulations, including by obtaining all required consents, licenses, rights, authorizations, and/or permits. You shall be solely responsible and liable for Your Use of the Service, including without limitation for any and all content transmitted in any way to or through the Service by You..

Visual material shall be collected by the ROOM DEMO for information and documentation of the Room Project and use of social media channels and websites. Therefore, the ROOM DEMO users may be asked from ROOM DEMO for (oral or written) consent to recording and use before starting of the session. The users are free to give their consent.

PRIVACY

The User's data is collected in accordance with the applicable data protection laws and ROOM DEMO data privacy policy that can be found below. By using the Service, the ROOM DEMO users agree that ROOM DEMO can use such data in accordance with its privacy policy.

DISCLAIMER OF WARRANTIES

ROOM DEMO is made available to the User for testing in its displayed state ("as is") without any express or tacit guarantee. ROOM DEMO does not represent that the use of the Service will be secure, timely, uninterrupted or error free, or that the services will meet customer requirements or that all errors in the services and/or materials will be corrected. A warranty for material defects is excluded. The User has no right to claim for error corrections. The ROOM DEMO User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of any of the services is done at his/her sole risk and that the user will be solely responsible for any damage to his/her computer system and/or loss of data that results from the download of such material and/or data.

ACCOUNTABILITY FOR CONTENTS AND INDEMNITY, LIABILITY

The ROOM DEMO users agree to hold harmless and indemnify ROOM DEMO, its affiliates and subsidiaries, officers, directors, agents, and employees (collectively "ROOM DEMO Indemnified Parties") from and against, any third party claim arising from or in any way related to (i) their breach of the Terms, (ii) their use of the ROOM DEMO Services, (iii) their violation of applicable laws, rules or regulations in connection with the Services, or (iv) their Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including claims for damages, which are asserted by other users or third parties against ROOM DEMO as a consequence of an infringement of their rights based on the content sent by the ROOM DEMO User. Any further rights, including claims for damages of ROOM DEMO shall remain unaffected.

CONFIDENTIAL INFORMATION

The Participants undertake to keep secret disclosed secret knowledge and information on the development / technical idea / invention, in particular in connection with new developments, demonstrations, tests and discussions. They shall take all necessary measures to prevent third parties from gaining knowledge of and exploiting such information.

ADDITIONAL TERMS

International Use: The ROOM DEMO Service is intended for use only from within the European Union and the European Economic Area. If You choose to access the Services from outside the European Union and the European Economic Area, You do so on Your own initiative and at Your own risk and You are responsible for compliance with all relevant laws and regulations. ROOM DEMO does not guarantee that the Services shall be appropriate and/or available for use in any particular location.

Governing Law, Miscellaneous: ROOM DEMO may change these Terms at any time without prior Notice. Any liability on the part of ROOM DEMO for the resulting disadvantages or damage due to lack of availability or discontinuance of the offer shall be excluded. Legal recourse is excluded. The underlying Terms shall be subject to german law. All claims arising out of or relating to these Terms or the Service will be litigated exclusively in courts located in Germany. There are no additional agreements. If individual provisions of these Terms are invalid, this shall not affect the validity of the remaining provisions.

ROOM DEMO SERVICE PRIVACY

ROOM 3D COMMUNICATIONS S.A R.L.takes protection of your personal data very seriously. When you use the ROOM DEMO Service, a variety of personal information will be collected. Personal data means any information relating to an identified or identifiable natural person, such as your name, address, email-addresses, IP address, or user behavior etc. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data. We herewith advise you that the transmission of data via the Internet may be prone to security gaps. It is not possible to completely protect data against third-party access.

We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), exclusively on the basis of the following as following:

WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA

Information about the responsible party (referred to as the “controller” in the GDPR):

The data processing controller (referred to as the “controller” in the GDPR) for the use of ROOM Beta is ROOM 3D COMMUNICATIONS S.A R.L, 14-16 Avenue Pasteur, 2310 Luxembourg, E-mail: info@room.xyz. Our company data protection officer can be contacted by email at dataprotection@room.xyz

STORAGE DURATION

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply. The use and storage of your data may be objected to by email at any time. In this case, all data of the User are deleted, and the use of ROOM DEMO is not possible.

WHAT PERSONAL DATA DO WE PROCESS THROUGH YOUR USE OF ROOM DEMO?

(purposes and legal basis)

We process personal data collected for and during participation in accordance with the data protection regulations of the European Union pursuant to Art. 6 para. 1 GDPR.

To provide the ROOM DEMO Service, ROOM DEMO processes network and usage information including IP addresses for the meeting participants, the user specified URL used to host the meeting, and information In some cases, meeting related content, which may contain personal information, is temporarily stored to enable user functionality in a ROOM DEMO video meeting. When the users use the chat function, chat content is stored during the meeting.

ROOM DEMO does not sell personal information to third parties. ROOM DEMO uses this information to deliver the ROOM DEMO service, to identify and troubleshoot problems with the ROOM DEMO Service, and to improve the ROOM DEMO Service. In addition, ROOM DEMO may use this information to investigate fraud or abuse.

USER DATA

Users of ROOM DEMO have to provide a user name, that will be displayed to participants in the meeting. By use of the camera and the microphone, the image and voice will be shared within the Service. We need this data to enroll you in the ROOM DEMO Service, display your user avatar to meeting participants, and eventually provide you with support. The personal data provided by the participants will be collected and processed by ROOM DEMO solely for the purpose of carrying out and implementing the Services. The legal basis for the processing of personal data to fulfil this obligation and/or in legitimate interests is therefore Art. 6 (1) lit. b) and f) of the EU General Data Protection Regulation (GDPR).

USER CONTENT

User content is the information the participant gives us through the use of the Service, such as chat logs, and, and any other information uploaded while using the Services. ROOM DEMO uses User content only in connection with providing the Service. ROOM DEMO do not monitor, sell or use user content for any other purposes.

ROOM DEMO does not control the actions of anyone with whom you or any other Demo user may choose to share information. Therefore, ROOM DEMO cannot and does not guarantee that any user content provided to the Service will not be viewed by unauthorized persons. Likewise ROOM DEMO does not control the information users may share during a meeting. Please be aware that no security measures are perfect or impenetrable and that ROOM DEMO is not responsible for circumvention of any security measures contained on the Service.

Users agree that their images and audio/video recordings and other personal data will be held in accordance with the GDPR guidelines (the General Data Protection Regulation); The legal basis for the processing of the data is Art. 6 para. 1 lit f and lit b GDPR, 85 GDPR or If your consent has been requested, exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR). Personal data will only be stored for as long as is reasonably deemed necessary to achieve the stated purposes and as permitted by applicable law.

OPERATION DATA

Technical information is collected automatically through the use of the Service from ROOM DEMO itself, such as: Performance Data: metrics related to how the Services perform, Service Logs: information on system events and states.

ROOM DEMO has a legitimate interest in the technically error free depiction and the optimization of the ROOM DEMO, especially to facilitate the delivery and optimization of the Services, to monitor performance of ROOM DEMO, to maintain the security of our infrastructure and Service, to detect, investigate and stop fraudulent, harmful, unauthorized or illegal activity to comply with legal obligations. Legal basis of processing: Art. 6 para. 1 lit b and lit f , lit.c and lit. d, contract, legitimate interests, protect vital interests, legal compliance

WHO DO WE SHARE YOUR PERSONAL DATA WITH?

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

  • you have given your express consent in accordance with Art. 6 para. 1 p. 1 lit. a GDPR,

  • the disclosure is necessary for the assertion, exercise or defence of legal claims pursuant to Art. 6 para. 1 p. 1 lit. f GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,

  • in the event that there is a legal obligation to disclose your data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, as well as

  • this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b GDPR for the execution of contractual relationships with you. This includes, in particular, the transmission of data to authorities or third parties involved in the project, such as customers and their representatives or implementing companies, as well as external service providers for the purpose of correspondence and contract processing and/or fulfilment. The data passed on may be used by the third party exclusively for the purposes stated.

YOUR RIGHTS

As a person affected by the data processing you have the right:

  • to information (Article 15 of the GDPR), correction (Article 16 of the GDPR), data deletion (Article 17 of the GDPR), limitation of processing (Article 18 of the GDPR), and data portability (Article 20 GDPR);

  • according to Art. 7 (3) GDPR, to revoke consent once granted to us at any time. As a result, we are not allowed to continue data processing based on this consent for the future;

  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters;

  • Right of objection: If your personal data are processed on the basis of public interest (Art. 6 (1) (1) lit. e GDPR and/or legitimate interests (Art. 6 (1) (1) lit. f GDPR), you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided there are reasons for this arising from your particular situation. More details can be found in our privacy policy.

To exercise your rights or If you have any privacy-related questions or comments related to this Statement, please send an email to dataprotection@room.xyz

MODIFICATION AND UPDATE OF THE PRIVACY POLICY

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We reserve the right to adapt this privacy policy to technical and legal requirements at any time. We will inform you as soon as the changes require your consent or other individual notification.